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DOL/OSHA RIN: 1218-AC49 Publication ID: Spring 2016 
Title: Improve Tracking of Workplace Injuries and Illnesses 

Occupational Safety and Health Administration (OSHA) is making changes to its reporting system for occupational injuries and illnesses. An updated and modernized reporting system would enable a more efficient and timely collection of data, and would improve the accuracy and availability of the relevant records and statistics.  This rulemaking involves modification to 29 CFR part 1904.41 to newly mandate that injury and illness information required under part 1904 be reported electronically to OSHA, who will then publicly release it, and a modification to 29 CFR part 1904.35 to clarify an employee’s right to report injury and illnesses to their employer without fear of retaliation.

Agency: Department of Labor(DOL)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 29 CFR 1904   
Legal Authority: 29 U.S.C. 657   
Legal Deadline:  None

Statement of Need:

The collection of establishment specific injury and illness data in electronic format on a timely basis is needed to help OSHA, employers, employees, researchers, and the public more effectively prevent workplace injuries and illnesses, as well as support President Obama's Open Government Initiative to increase the ability of the public to easily find, download, and use the resulting dataset generated and held by the Federal Government.

Summary of the Legal Basis:

The Occupational Safety and Health Act of 1970 authorize the Secretary of Labor to develop and maintain an effective program of collection, compilation, and analysis of occupational safety and health statistics (29 U.S.C. 673).


The alternative to the proposed rulemaking would be to take no regulatory action.

Anticipated Costs and Benefits:

OSHA estimates that this final rule will have economic costs of $15 million per year.  The Agency believes that the annual benefits, while unquantified, significantly exceed the annual costs. These benefits include increased prevention of workplace injuries and illnesses as a result of expanded access to timely, establishment-specific injury/illness information by OSHA, employers, employees, employee representatives, potential employees, customers, potential customers, and researchers.


Analysis of risks is still under development.

Action Date FR Cite
Stakeholder Meetings  05/25/2010  75 FR 24505   
NPRM  11/08/2013  78 FR 67254   
NPRM Comment Period End  02/06/2014 
Notice of Public Meeting on 01/09/2013  11/15/2013  78 FR 68782   
NPRM Comment Period Extended  01/07/2014  79 FR 778   
NPRM Comment Period Extended End  03/08/2014 
NPRM Comment Period Reopened  08/14/2014  79 FR 47605   
NPRM Comment Period Reopened End  10/14/2014 
Final Rule  05/12/2016  81 FR 29623   
Final Rule Effective (except for Sec. 1904.35 and 1904.36, which become effective 08/10/2016)  01/01/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Amanda Edens
Director, Directorate of Technical Support and Emergency Management
Department of Labor
Occupational Safety and Health Administration
200 Constitution Avenue NW., FP Building, Room N-3653,
Washington, DC 20210
Phone:202 693-2300
Fax:202 693-1644